Terms of Service & End User License Agreement

1. The Basics

1.1 Identification

This End User License Agreement (“Agreement” or “EULA”) is entered into between INT3 Filip Duch (“LogAbyss”), a company registered under the laws of Poland (“LogAbyss,” “we,” “our,” or “us,” the “Licensor” or “Provider”), and you, the customer or user (“Customer,” “you,” “your,” or “Licensee” or “Subscriber”).

1.2 Acceptance

By accessing, using, or subscribing to the LogAbyss logging platform (the “Service”), you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement. If you do not agree to these terms, you must not access or use the Service.

2. Grant of License / Scope of Service

2.1 Limited License

Subject to your compliance with this Agreement and payment of applicable fees, LogAbyss grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Service for your internal business purposes only during the term of your subscription.

2.2 Service Definition

The “Service” means LogAbyss’s logging platform, including:

• Hosted log ingestion, indexing, and search infrastructure
• Associated APIs and integrations
• Monitoring and management dashboards
• Technical documentation and support materials
• All features, functionality, and updates made available through the platform

2.3 Usage Limits

Your use of the Service is subject to the following limits based on your purchased subscription plan:

• Subscription Tier: The specific plan tier (Basic, Starter, Professional, Enterprise, or Custom) as specified in your order or subscription confirmation
• Log Volume: Maximum log volume per month, measured in GB, as specified in your plan
• Search Duration and Retention: Maximum retention period for your logs as specified in your plan (e.g., 14 days, 30 days, or custom)
• Storage Capacity: Maximum storage capacity for your log streams and indexes
• Applications and Dashboards: Maximum number of applications and dashboards allowed in your subscription plan
• User Accounts: Maximum number of authorized users, clients, or connections permitted under your plan
• API Rate Limits: Maximum API calls per hour or per day as defined in your plan
• Log Export: Whether log export is included in your plan, and any limits that apply to it

You may upgrade your plan at any time to increase these limits. Exceeding usage limits without upgrading may result in service throttling, temporary suspension, or additional charges as specified in our pricing terms.

3. Customer Data

3.1 Data Ownership

You retain all ownership rights, title, and interest in and to any data, information, or content that you upload, transmit, or process through the Service (“Customer Data”). LogAbyss does not claim any ownership rights to your Customer Data.

3.2 Data Processing

LogAbyss acts solely as a data processor with respect to Customer Data. We process Customer Data only as necessary to provide the Service to you and in accordance with your instructions, this Agreement, and our Privacy Policy. We will not access, use, modify, or disclose Customer Data except:

• As necessary to provide and maintain the Service
• To prevent or address service, security, or technical issues
• As required by applicable law or legal process
• With your prior written consent

3.3 Data Security

LogAbyss is committed to implementing and maintaining appropriate technical and organizational security measures to protect Customer Data against unauthorized access, loss, destruction, or alteration. These measures include, but are not limited to:

• Encryption of data in transit using TLS 1.2 or higher
• Encryption of data at rest using industry-standard encryption algorithms
• Access controls and authentication mechanisms
• Security monitoring and incident response procedures

For additional details about our security practices, please refer to our Security Policy available at logabyss.com/security.

3.4 Data Deletion

Upon termination or expiration of your subscription, or when you request deletion of your account or any log streams, applications, or indexes that you created, we will delete all related Customer Data from our systems immediately. Customer Data is permanently deleted and cannot be recovered once the account is closed or deprovisioned from any marketplace we work with. We do not retain Customer Data after account closure except as required by applicable law.

4. Restrictions on Use

You agree not to, and will not permit any third party to:

• Sub-licensing or Reselling: Sell, resell, lease, sublicense, rent, or otherwise distribute or transfer access to the Service to any third party without our prior written consent
• Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service or any portion thereof
• Derivative Works: Create derivative works based on the Service or copy any features, functions, or graphics of the Service
• Illegal or Harmful Use: Use the Service for any illegal, fraudulent, abusive, or harmful purposes, including but not limited to:
  • Violating any applicable laws or regulations
  • Transmitting viruses, malware, or any malicious code
  • Sending spam, phishing attempts, or unsolicited communications
  • Infringing on intellectual property rights of others
  • Engaging in any activity that could harm, disable, or impair the Service
• Exceeding Limits: Circumvent, bypass, or attempt to exceed the usage limits and restrictions applicable to your subscription plan without proper authorization or upgrade
• Unauthorized Access: Access or attempt to access any other customer’s data or any portion of the Service that you are not authorized to access
• Interference: Interfere with or disrupt the integrity or performance of the Service or the data contained therein
• Benchmarking: Conduct competitive benchmarking or analysis without our prior written consent

5. Fees and Payment

5.1 Subscription Fees

You agree to pay all subscription fees for the Service as specified in your selected plan. Fees are based on your chosen subscription tier and billing cycle (monthly or annual). All fees are stated in U.S. Dollars (USD) or Euro (EUR), unless otherwise agreed in writing.

5.2 Billing and Payment Terms

Subscription fees are billed in advance on a recurring basis according to your selected billing cycle (monthly or annually). Payment is due immediately upon invoice. We accept payment by credit card, debit card, or other payment methods as specified during registration.

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date. You will be charged the then-current rate for your plan upon renewal.

5.4 Taxes

All fees are exclusive of applicable taxes, duties, and similar governmental charges (including, without limitation, VAT, sales tax, and withholding taxes). You are responsible for paying all such taxes associated with your purchase, except for taxes based on LogAbyss’s net income. If we are required to collect or pay taxes for which you are responsible, the appropriate amount will be invoiced to and paid by you.

5.5 Late Payment and Non-Payment

If payment is not received by the due date, we reserve the right to:

• Charge late fees of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on any overdue amounts
• Suspend or restrict your access to the Service until payment is received
• Terminate your subscription for continued non-payment

5.6 No Refunds

All fees are non-refundable except as expressly set forth in this Agreement or as required by applicable law. If you cancel your subscription mid-cycle, you will not receive a refund for the remaining portion of the billing period, but you will retain access to the Service until the end of your paid subscription term.

6. Term and Termination

6.1 Subscription Term

This Agreement begins on the date you first access or use the Service and continues for the duration of your subscription term (monthly or annual) unless terminated earlier in accordance with this Section 6. Your subscription will automatically renew for successive periods of the same duration unless you cancel before the renewal date.

6.2 Termination by Customer

You may terminate your subscription at any time by:

• Accessing your account settings and selecting the cancellation option
• Contacting our support team at [email protected]
• Removing the LogAbyss add-on through the marketplace from which you subscribed

Termination will be effective at the end of your current billing cycle, and you will not be charged for subsequent billing cycles.

6.3 Termination by LogAbyss

We may terminate your subscription and this Agreement immediately, with or without notice, if:

• You materially breach any provision of this Agreement and fail to cure such breach within 10 days of receiving written notice
• You fail to pay any fees when due and such failure continues for 15 days after notice
• Your use of the Service poses a security risk or violates applicable laws
• You engage in fraudulent activity or abuse of the Service
• We discontinue the Service entirely (with at least 30 days’ prior written notice)

6.4 Effect of Termination

Upon termination or expiration of this Agreement:

• All rights and licenses granted to you under this Agreement immediately cease
• You must immediately stop using the Service and delete any software, documentation, or materials provided by LogAbyss
• You remain responsible for all fees and charges incurred through the date of termination
• All Customer Data will be immediately and permanently deleted from our systems as described in Section 3.4
• Any provisions of this Agreement that by their nature should survive termination will survive, including but not limited to Sections 3, 4, 7, 8, and 9

6.5 Data Export Before Termination

You are solely responsible for exporting or backing up your Customer Data before termination. We recommend that you export all necessary data before canceling your subscription or deprovisioning your account, as data will be immediately deleted upon account closure.

7. Warranties and Disclaimers

7.1 Limited Warranty

LogAbyss warrants that the Service will perform substantially in accordance with our published documentation under normal use and circumstances. This warranty does not apply to problems caused by accident, abuse, misuse, or misapplication; your failure to follow our documentation; or modifications made by anyone other than LogAbyss.

7.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7.1, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOGABYSS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• TITLE
• QUIET ENJOYMENT
• QUALITY OF INFORMATION
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

7.3 No Guarantee of Availability

LogAbyss does not warrant that the Service will be uninterrupted, error-free, or completely secure, or that all errors will be corrected. Distributed systems may experience interruptions, and we cannot guarantee 100% uptime. While we strive for high availability and provide Service Level Agreements (SLAs) for certain subscription tiers, these are subject to the terms specified in your service agreement.

7.4 Your Responsibility

You acknowledge that the Service may not meet all of your requirements and that you are solely responsible for:

• Evaluating the suitability of the Service for your intended purposes
• Backing up your Customer Data
• Implementing appropriate redundancy and disaster recovery measures
• Ensuring compliance with all applicable laws and regulations in your use of the Service

8. Limitation of Liability

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOGABYSS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Loss of goodwill or reputation
• Cost of procurement of substitute services
• Any other intangible losses

This exclusion applies regardless of the legal theory on which the claim is based (whether in contract, tort, negligence, strict liability, or otherwise), even if LogAbyss has been advised of the possibility of such damages.

8.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOGABYSS’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT EQUAL TO ONE (1) MONTH OF SUBSCRIPTION FEES PAID BY YOU IN THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.3 Essential Purpose

The limitations set forth in this Section 8 shall apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. These limitations reflect the allocation of risk between the parties and are a fundamental element of the basis of the bargain between you and LogAbyss.

8.4 Exceptions

The limitations in this Section 8 do not apply to:

• Your obligations to pay fees
• Your breach of Section 4 (Restrictions on Use) or unauthorized use of the Service
• Your violation of applicable laws
• Your indemnification obligations under this Agreement
• Liability that cannot be excluded or limited under applicable law

9. General Provisions

9.1 Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Katowice, Poland. By agreeing to this EULA, you consent to the personal jurisdiction and venue of these courts.

9.2 Dispute Resolution

Before filing any legal action, the parties agree to attempt to resolve any dispute through good-faith negotiations. Either party may initiate negotiations by providing written notice to the other party describing the dispute. The parties shall meet and confer in good faith within 30 days of such notice to attempt to resolve the dispute. If the dispute cannot be resolved through negotiation, either party may pursue available legal remedies in accordance with Section 9.1.

9.3 Entire Agreement

This Agreement, together with our Privacy Policy and any other policies referenced herein, constitutes the entire agreement between you and LogAbyss regarding the Service and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

9.4 Amendments

We reserve the right to modify this Agreement at any time. We will provide notice of material changes by:

• Posting the updated Agreement on our website with a new “Last updated” date
• Sending an email notification to your registered email address (for material changes)

Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to the modified Agreement, you must stop using the Service and cancel your subscription.

9.5 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement shall remain in full force and effect.

9.6 Waiver

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure by LogAbyss to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

9.7 Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this Section shall be null and void. LogAbyss may assign this Agreement without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

9.8 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, utility failures, internet or telecommunications failures, or government actions (each, a “Force Majeure Event”). The affected party shall promptly notify the other party of any Force Majeure Event and use reasonable efforts to minimize the impact.

9.9 Export Control

The Service may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations in your use of the Service, including those of the European Union, the United States, and Poland.

9.10 Independent Contractors

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

9.11 Language

This Agreement is drafted in English. If this Agreement is translated into any other language, the English version shall prevail in case of any conflict or inconsistency.

Contact Information

If you have any questions about this End User License Agreement, please contact us at:

Email: [email protected]

Acknowledgment

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.